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University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Timing Under A Unified Wealth Transfer Tax, Theodore S. Sims

Faculty Scholarship

The United States taxes gifts made while an individual is living more leniently than it taxes wealth transfers at death. Although in some measure this disparity has existed since the enactment of the modern estate and gift taxes in 1916 and 1932, it was significantly narrowed by the Tax Reform Act of 1976 (the 1976 Act). That statute replaced the separate gift and estate taxes with a regime that taxes the cumulative total of an individual's lifetime taxable gifts and his taxable estate at death, under a single (or "unified") graduated table of rates. Nevertheless, there remains a signficant difference …

Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox

Cardozo Law Review

No abstract provided.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

CANADIAN CRIMINAL LAW: INTERNATIONAL AND TRANSNATIONAL ASPECTS

By Sharon A. Williams and J. G. Castel

Toronto: Butterworth's, 1981. Pp. 513. $80.00.

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CASES AND MATERIALS ON SALE OF GOODS

By John Adams

London & Canberra: Croom Helm: Ltd., 1982. Pp. 174. $15.50.

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THE DEFENSE POLICIES OF NATIONS: A COMPARATIVE STUDY

Edited by Douglas J. Murray and Paul R. Viotti

Baltimore and London: The Johns Hopkins University Press, 1982. Pp. 525. $35.00 (cloth), $12.95 (paper)

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DOCUMENTS ON THE LAWS OF WAR

Edited by Adam Roberts and Richard Guelff

New York: the Clarendon Press; Oxford University Press, 1982. …

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

Homicide And Succession To Property, William M. Mcgovern Jr.

Michigan Law Review

Today, most jurisdictions bar a killer from succeeding to his victim's property. The traditional rationale for that result is that a criminal should not be allowed to enrich himself by his crime. Assuming that this principle is sound, its application in individual cases often proves troublesome. What would happen, for example, if the crime were of a lesser degree than murder, and the killer had no intent to enrich himself? If the killer is barred, who should take what would have been his share under a will? Or, if the decedent and murderer held property jointly, should the killer forfeit …

Abstracts Of Recent Cases, Robert Bruce King

West Virginia Law Review

No abstract provided.

Wills - Probate - "Fraudulent" Destruction Notwithstanding Testator's Knowledge, Alan Rothenberg

Michigan Law Review

Decedent executed a will in which he exercised a general testamentary power of appointment making plaintiff beneficiary of a trust. The will was delivered for safekeeping to a notary in Germany and subsequently destroyed in a bombing raid. Decedent, having learned of the destruction of his will, died ten months later without executing a new will in the interim. The Surrogate admitted the will for probate as one "fraudulently destroyed" under New York law. The Appellate Division reversed. On appeal to the New York Court of Appeals, held, reversed, three judges dissenting. The will was "fraudulently destroyed" within the meaning …

Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig

Journal of Legal Education

No abstract provided.

Macdonald: Fraud On The Widow's Share, Max Rheinstein

Michigan Law Review

A Review of FRAUD ON THE WIDOW'S SHARE. By William D. Macdonald

Abstracts Of Recent Cases, Robert Glenn Lilly Jr.

West Virginia Law Review

No abstract provided.

Book Reviews, O. Kahn-Freund, Saul Medlovitz, Charles D. Kelso, J. Francis Paschal, Thomas A. Cowan, Lowell Turrentine, Richard S. Sullivan, G. Robert Ellegaard, Richard Arens, Ilmar Tammelo, J. Myron Jacobstein, Paul O. Proehl

Journal of Legal Education

No abstract provided.

Book Reviews, Ronan E. Degnan, James J. Lenoir (Reviewer), David H. Vernon (Reviewer), David W. Louisell (Reviewer), David Maxwell (Reviewer)

Vanderbilt Law Review

Book Reviews:

Cases and Materials on Evidence, Fourth Edition. By Morgan, Maguide & Weinstein Brooklyn: Foundation Press, 1957. Pp. xxiv,880. $11.00

reviewers: Ronan E. Degnan and David W. Louisell

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Estate Planning and Taxation Two volumes. By William J. Bowe Buffalo: Dennis & Company, Inc., 1957. Vol. I, pp. lvi, 590; Vol. II,pp. viii, 614.

reviewer: James J. Lenoir

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The Sanctity of Life and the Criminal Law By Glanville Williams. New York: Alfred A. Knopf, 1957. Pp. xi, 350. $5.00.

reviewer: David H. Vernon

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Current Legal Problems Edited by G. W. Keeton & G. Schwarzenberger London: Stevens & …

Descent And Distribution - Joint Ownership - Imposition Of Constructive Trust On Murderer Of Co-Tenant, John B. Schwemm S.Ed.

Michigan Law Review

A husband, owning land with his wife as tenants by the entireties, killed her and immediately thereafter committed suicide. In an action to determine ownership of the realty, both the probate and appellate courts declared that since a relevant disinheritance statute was inapplicable, full title vested in the husband and, upon his death, descended to his heirs. On appeal, held, reversed. Despite the common law nature of such tenancies, equity will impose on the husband a constructive trust in one-half the property for the benefit of the victim's estate. National City Bank of Evansville v. Bledsoe, (Ind. 1957) …

Book Reviews, Donald H. Wollett, Peter Ward, John E. Mcaniff, Arthur H. Sherry, Bertel M. Sparks, A. L. Eno Jr., Charles O. Galvin, Emerson G. Spies, Benjamin Carlin, Charles H. Miller, Erwin C. Surrency, Albert B. Jones, W. Friedmann, Alfred I. Maleson, Douglas H. Parker, Clarence F. Hyrne Jr., Elvin R. Latty

Journal of Legal Education

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases --

Criminal Law--Habitual Criminal--Right of Accused to Counsel under Fourteenth Amendment

Divorce--Alimony Decree Terminating upon Remarriage of Wife--Effect of Annulment of Subsequent Marriage

Divorce--Statutory Modification of Domiciliary Jurisdiction--Congressional Limitation of Power of Territorial Legislature

Labor Law--Unfair Labor Practice--Primary Jurisdiction in NLRB

Life Insurance--Good Health Clause--Existence of Malady Unknown to Insured

Nuisance--Liability for Non-Trespassory Interference with the Use and Enjoyment of Land--Intentional Invasion

Wills--Holographic Codicil--Publication of an Invalid Typewritten Will

Recent Cases, Law Review Staff

Vanderbilt Law Review

Assault and Battery--Injury Sustained in Prize Fig

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Constitutional Law--Elections--Voting Rights of Residents of Federal Enclave where Polling Places are on Land under Exclusive Federal Jurisdiction

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Constitutional Law--Miscegenation Statutes--Statutory Prohibitions against Inter-Racial Marriages held Unconstitutional

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Criminal Law--Evidence--Admissibility of Sound Motion Pictures of Re-Enactment of Crime by Defendants

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Criminal Procedure--Use of Jury Primer Prior to Trial

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Estate Planning--Mistake as to Tax Consequences of a Gift--Requirements for Rescission

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Evidence--Impeachment of Witnesses--Warning Question on Examination as to Prior Testimony

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Interstate Commerce--Sherman Act--Applicability to Organized Baseball

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Labor Law--Constitutional Law--Validity of Prohibition on Contributions and Expenditures of Labor …

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Bankruptcy - Collection Of Assets - Satisfaction Of Conversion Claim From Non-Estate Assets, Jerry P. Belknap

Michigan Law Review

It is well-settled that a trustee in bankruptcy must use due diligence in collecting the assets of the bankrupt estate, and that he will be charged with the value of assets lost by a failure to discharge this duty. A difficult problem arises, however, where the bankrupt has converted and wasted estate assets, and subsequently acquires sufficient non-estate assets to equal the value of the assets converted. If there is a method whereby the trustee can obtain restitution for the loss to the estate, he must use due diligence to collect the claim for the benefit of creditors, or be …

Trusts-Liability Of Trust Estate For Torts Of Trustee

Michigan Law Review

Defendants, trustees of land which had been leased for years to plaintiff, demanded that plaintiff stop removing crops from the land until the past-due rent was paid. Such a removal of crops was a criminal offense by South Carolina statute. In a suit for libel against the defendants in their representative capacity, held, defendants' demurrer sustained. Ross v. Moses, 175 S. C. 355, 179 S. E. 757 (1935).

Succession By Murderer-Applicability Of Constructive Trust

Michigan Law Review

There do not seem to have been any decided cases in the early common law on the question whether a murderer could succeed to the title to property left by his victim, or derive any benefit from his crime. By the civil law the legal title passed to the criminal, and was afterwards confiscated by the state. What may be said to be the modem rule is not so definitely determined, The numerical majority of cases, beginning with the first case to be decided on the exact question in 1888, have held that he could not succeed. But the decisions …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Trusts--Effect Of Statute Of Frauds, J. D. D.

West Virginia Law Review

No abstract provided.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Assignments- Assignment of an Expectancy - Joseph and James were two of six children. A contract witnessed "that Joseph Snyder has sold to James Snyder one undivided sixth of the real estate owned by the mother, Susan Snyder; to secure said interest to James after her death, the mother unites in the conveyance of said interest The said Joseph warrants and defends the interest from all claims." The contract was signed by Joseph and by the mother. Held, Joseph had no estate which he could convey, and the contract, though made with the consent of the mother, was unenforceable either …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.